SQUADRA VELO GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY
- Squadra Velo is part of Wolvenberg NV, with company registration number 0417.886.490, and with registered office in Mouterij 10 bus A, 2550 Kontich, (hereinafter referred to as ‘Squadra Velo’).
Wolvenberg is a Belgian company specialising for over 40 years in cycling clothing and accessories. Top-brand personalised cycling clothing and accessories are designed and sold through its Squadra Velo branch.
Squadra Velo can be contacted by phone on +32 (0)3/458.71.71, by fax on +32 (0)3/458.71.72 and by e-mail on email@example.com.
- All orders from buyers and all proposals, order confirmations, invoices and other documents from Squadra Velo and agreements between the buyer and Squadra Velo are subject to these terms & conditions of sale and delivery.
They can be consulted at all times on the Squadra Velo website: www.squadravelo.com.
- By ordering, buyers are assumed to have accepted these terms & conditions of sale and delivery. The buyer’s general terms and conditions, however they are named, that derogate from these Squadra Velo terms & conditions of sale and delivery do not apply and cannot be enforced against Squadra Velo unless Squadra Velo has expressly accepted them in writing prior to any entry into a contract.
- The invalidity or unenforceability of one of the clauses of these terms & conditions of sale and delivery does not compromise the validity and enforceability of the other clauses. If one of the clauses is declared null and void, the parties shall mutually replace it with another clause that is as close as possible to the intention of the parties.
- Insofar as the these terms & conditions of sale and delivery are also written in a language other than Dutch, the Dutch text prevails in case of discrepancies.
2. CATALOGUE AND WEBSITE CONTENT
- The content of the catalogues and the website does not encompass everything, and the information included therein, including but not limited to measurements, items, prices, characteristics, and depictions are for indication only and not binding vis-à-vis Squadra Velo.
- The content of the catalogues and website and the information included therein is subject to change at any time by Squadra Velo with no prior notice.
3. PROPOSALS FROM SQUADRA VELO - ORDERS FROM BUYERS - ORDER CONFIRMATIONS FROM SQUADRA VELO
- Proposals from Squadra Velo are binding for the duration stated therein (‘valid to’ date). Where no duration is stated, a proposal will be valid for 30 days.
- Orders from buyers will be confirmed by Squadra Velo with an order confirmation. Squadra Velo may also cancel the aforementioned order confirmation, without this compromising the applicability of these terms & conditions of sale and delivery.
- In the case of a difference between the order from the buyer and the order confirmation or proposal from Squadra Velo, the proposal or order confirmation from Squadra Velo shall be the only binding one.
4. PRICES AND PRICE CHANGES
- Squadra Velo may at any time change its prices.
- Price changes have no effect on ongoing agreements with buyers, and proposals that are still valid.
5. DELIVERY - DELIVERY METHODS AND TRANSFER OF RISK
- Delivery time: Unless agreed otherwise in writing by the parties, the delivery times stated are an indication only and not binding to Squadra Velo.
- Delivery location: Unless agreed otherwise, the goods are delivered and handed over to buyers in the Squadra Velo warehouses.
Buyers are therefore responsible for the transport and must collect and take delivery of the items in the Squadra Velo warehouses within 5 working days of Squadra Velo’s request for collection. ‘Working days’ means: all days except Saturdays and Sundays and Belgian public holidays.
If the buyer does not pick up the goods, Squadra Velo is entitled to store them at the buyer’s risk and expense. In such a case, the buyer is liable for the storage costs of 0.5% of the purchase price for every month started.
If it is agreed that Squadra Velo take care of the transport, in the absence of any agreement as to the method of transport, Squadra Velo has the choice as to the transport company and shipping of the goods at the buyer’s expense. The delivered goods remain the property of Squadra Velo until full payment by the buyer of the entire purchase price, interest and costs. Nevertheless, the risk for the goods is transferred at the time of delivery.
6. COMPLAINTS - LIABILITY - GUARANTEE
- VISIBLE DEFECTS AND NON-CONFORMITY.
The buyer must immediately take delivery of the goods and check them for visible defects and non-conformities. All complaints as to visible defects and non-conformities such as an incorrect delivery, damage of goods and incorrect quantities etc. must be submitted in writing and in detail by e-mail (firstname.lastname@example.org) within 48 hours after delivery and before the buyer handles or uses the delivered goods.
6.2 HIDDEN DEFECTS AND HIDDEN NON-CONFORMITY.
Complaints as to hidden defects or non-conformities must be submitted by registered letter to Squadra Velo within 8 working days after their discovery, and at the latest within 12 months after delivery.
The buyer must in any case keep the goods for Squadra Velo.
If a complaint regarding a hidden non-conformity or defect is submitted on time and substantiated, the buyer has the option only to apply for a return of the defective goods, with no entitlement to any claim for compensation. In any case, Squadra Velo’s obligation of guarantee is limited to the guarantee given by the manufacturer of the goods. Such a guarantee is, nevertheless, limited to the replacement or repair of the delivered item and the guarantee applies only if the delivered goods were used correctly under normal circumstances.
6.3 STATUTORY CONSUMER GUARANTEE
Consumers benefit from a statutory guarantee of conformity of the items purchased for a period of two years to be counted from the delivery (cf. Article 1649quater of the Belgian Civil Code).
If consumers identify a lack of conformity, they must inform Squadra Velo by two months from the date on which they identified the defect, failing which they may no longer invoke the lack of conformity.
If consumers have informed Squadra Velo on time of a lack of conformity and the defect falls under the statutory guarantee, the item will be repaired or replaced free-of-charge. If the costs of repair are disproportionate, Squadra Velo may replace the item with a similar one.
Squadra Velo will not be obliged to repair or replace, inter alia in the following cases:
- damage that occurs deliberately or through negligence
- normal wear and tear
- non-compliance with the usage and/or maintenance instructions
- improper use
6.4 EXCLUSION FOR INDIRECT AND CONSEQUENTIAL DAMAGE
Squadra Velo’s liability towards the customer is always limited to the amount of the purchase price of the sold goods as stated on the invoice, with express exclusion for any indirect, special, incidental, punitive damage, consequential damage or product damage, including but not limited to transport costs, travel and accommodation costs, loss of earnings, and business interruption. Submitting a complaint does not suspend the buyer’s payment obligation for the disputed goods.
7. PRICE AND PAYMENT
- At the time of entering into the agreement, the buyer must pay Squadra Velo a minimum of 50% deposit of the total price including VAT unless expressly agreed otherwise.
- The balance of the total price must be paid prior to the delivery of the goods.
- Any dispute as to invoices from Squadra Velo must be submitted in writing stating the reasons in detail, within 8 working days after the invoice date.
- In the event of non-payment of the deposit and/or non-payment of the balance on delivery, Squadra Velo is entitled to suspend the further fulfilment of its obligation towards the buyer. If the buyer fails to pay on the agreed due date, the buyer shall ipso jure and with no notice of default be due a late-payment interest of 8% per year to Squadra Velo on the outstanding amount of the total price as well as a lump-sum compensation equal to 10% of the invoice amount, with a minimum of EUR 250. If Squadra Velo is in default as regards a payment obligation to the consumer, the consumer may claim an equivalent lump-sum compensation and late-payment interest.
8. PROTECTION OF INTELLECTUAL PROPERTY
Teamwear designs by Squadra Velo are protected by authors’ rights and remain the property of Squadra Velo.
The designs may only be used by you as part of the order of this personalised teamwear from Squadra Velo. If the order of teamwear does not go through for any reason, this design may not be copied and/or used somewhere else, on penalty of a lump-sum compensation of € 1,000, without prejudice to Squadra Velo’s right to claim for any actual damage.
9. AGREEMENT AND TERMINATION
- If the buyer does not fulfil the obligations, including the obligation to pay the price and take delivery of the goods, Squadra Velo is entitled to terminate the purchase agreement solely by written notice and without judicial intervention, at the buyer’s expense. Squadra Velo will in such case be entitled to a lump-sum compensation of 30% of the sum that would have had to be paid should the agreement have been fulfilled, without prejudice to Squadra Velo’s right to full compensation for the costs and damage, and without the buyer having any right to compensation.
- The buyer may only cancel an agreement entered into, with prior written consent from Squadra Velo. If Squadra Velo does not consent to the cancellation, the buyer will owe Squadra Velo a compensation of at least 30% of the sum that would have had to be paid should the agreement have been fulfilled, without prejudice to Squadra Velo’s right to full compensation for costs and damage, and without the buyer having any right to compensation.
10. NO COOLING OFF PERIOD
Given that the goods purchased from Squadra Velo are always personalised, the cooling off period provided for under Article VI.47 et seq of the Belgian Code of Economic Law does not apply. As a result, an order placed, even in the case of a remote purchase, and where the buyer is a consumer is always final and binding.
11. PRIVACY STATEMENT
Squadra Velo cares about your privacy and therefore always acts in accordance with the provisions of the General Data Protection Regulation (‘GDPR’).
The full privacy statement can be found here.
12. APPLICABLE LAW AND COMPETENT COURTS
All agreements between you and Squadra Velo and disputes relating thereto shall be governed by Belgian law.
Any dispute as to the validity, interpretation, performance or cancellation of these terms and conditions of sale and delivery and the agreements to which these terms and conditions of sale and delivery apply
shall come under the sole jurisdiction, at the claimant’s choice, of the courts of Squadra Velo’s headquarters or the courts of the judicial district where the defendant resides, without prejudice to the right of consumers to appeal to the provisions of Article 624 of the Belgian Judicial Code or Regulation (EU) on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.